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S 159

Organized Retail Crime

2025-2026 Regular Session Introduced by Brian Adams and 7 co-sponsors

Creates Organized Retail Crime offenses (and an aggravated form) with 90-day aggregation, forfeiture, and graduated penalties to target coordinated theft and fencing.

Recommitted to Committee on Judiciary
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Bill Summary · S 159

Summary — S.159: Organized Retail Crime (proposed amendment to S.C. Code §16‑13‑135)

Note: The materials provided include text for two different measures (a Massachusetts bill on sudden unexplained pediatric death and a South Carolina bill on organized retail crime). This summary focuses on the organized retail crime measure (amendments to S.C. Code §16‑13‑135), which is the substantive “Organized Retail Crime” text in the packet. Verify jurisdiction and final bill text before citation.

Purpose

To replace the existing retail theft offense with distinct criminal offenses for (1) Organized Retail Crime (ORC) and (2) Organized Retail Crime of an Aggravated Nature, to clarify related definitions, allow aggregation of multiple acts over a 90‑day period, authorize forfeiture, and establish a graduated penalty structure tied to aggregated retail value and recidivism.

Key provisions

  • Definitions

    • “Organized retail crime”: two or more people conspiring to steal retail property from a retail establishment with intent to sell, barter, exchange, or reintroduce the goods into commerce for monetary/other gain.
    • “Retail property”: goods, money, negotiable documents (including gift cards/credit), parts/components intended for retail sale.
    • “Retail property fence”: person/business that purchases retail property knowing or believing it is stolen.
    • “Theft”: taking possession or causing removal of retail property with intent to deprive the merchant of possession/use/value.
    • “Value”: retail price offered to the public, including taxes.

  • Prohibited conduct

    • Committing ORC where the aggregated value exceeds $2,000 over a 90‑day period with intent to resell or transfer to a fence.
    • Conspiring to commit such theft.
    • Receiving/possessing/selling retail property knowing or reasonably believing it is stolen (culpable regardless of whether theft conviction occurs).

  • Aggregation, venue, and forfeiture

    • Multiple acts across counties may be aggregated and prosecuted in any county where acts occurred.
    • Aggregated offenses within a 90‑day period use the combined value to determine offense tier.
    • Property, funds, and interest acquired in violation are subject to forfeiture under Section 44‑53‑530.

  • Penalties (graduated by aggregated value and recidivism)

    • First offense (value tiers):
    • >$2,000 to <$10,000: misdemeanor — up to $5,000 fine and/or up to 3 years imprisonment.
    • ≥$10,000 to <$20,000: felony — up to $10,000 fine and/or up to 5 years imprisonment.
    • ≥$20,000 to <$50,000: felony — up to $20,000 fine and/or up to 10 years imprisonment.
    • ≥$50,000: felony — up to $50,000 fine and/or up to 20 years imprisonment.
    • Second or subsequent offense: felony — up to $50,000 fine and/or up to 20 years imprisonment regardless of value.
    • Aggravated ORC: if, during ORC, the defendant wilfully and maliciously (a) damages/destroys/defaces property in excess of $2,000, or (b) causes “moderate” or “great” bodily injury (as defined in S.C. law) — felony punishable by up to $50,000 fine and/or up to 15 years imprisonment. Aggravated ORC is a separate higher offense; ORC is a lesser‑included offense.

  • Effective date and transitional language

    • Act takes effect upon approval by the Governor.
    • Repeal/amendment savings clause preserves pending actions, rights, duties, liabilities, and prosecutions under prior law.

Who is affected

  • Retailers and retail employees (may see expanded legal tools for prosecution and forfeiture).
  • Individuals and groups engaged in coordinated theft, resale networks, or fencing operations.
  • Law enforcement and prosecutors (new aggregation, venue flexibility, and enhanced penalty options).
  • Persons charged with theft — exposure to higher penalties based on aggregated conduct or repeat offenses.

Procedural/timeline notes

  • Multiple near‑identical drafts are dated Jan–Feb 2025 in the packet; the bill provides that it becomes effective upon the Governor’s approval.
  • Because the provided legislative history mixes materials from different jurisdictions and another unrelated Massachusetts measure is present, confirm the current status, committee referrals, and any later amendments with the official legislative source before relying on the bill text for practice or analysis.

Compiled from official sources — confirm details with the bill’s official record.

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